So... In the nearly three years since my last post on this blog, there have been important changes in just about every area of law and life. Many of those changes will require little (additional) elaboration here. Other changes, like those involving my own professional and geographic moves and scholarly projects, require more explanation and narration from me -- both of which might be better suited to a new blog, for reasons to be discussed in the coming weeks.

As World IP Reviewreports, some of Katy Perry's 'Left Shark' trademark applications have hit a snag at the U.S. Patent and Trademark Office. The TESS entry for one of the applications in question is posted below. (Oh, and speaking of the World IP Review, you can read my musings on the (fairly) recent jury verdict in the "Blurred Lines" copyright infringement case here.)

The still-amorphous equitable defense is, however, addressed in the much more in-depth opinion concurring in the judgment (which, appropriately, calls out the other two judges on the panel for basing their ruling on a legal issue not even in dispute at this point in the litigation -- the so-called "first sale" doctrine -- rather than the "copyright misuse" question that was actually briefed and argued before the appellate court.)

"Consent judgments" (a/k/a "consent decrees") are very, very dangerous -- especially when wielded by a powerful corporation against a pro se defendant. The defendant in this case probably could have used some help, not only in drafting her (sort of heartbreaking) "Answer" to plaintiff's Complaint, but in negotiating more reasonable terms for the settlement agreement embodied in the Consent Judgment embedded below -- which, in its current form, essentially prevents her from using her name in commerce in any way, ever, under penalty of contempt of court, among other possible penalties.

By the way, consent decrees are probably unconstitutional. Just sayin'.

NOTHING IN THIS BLOG CONSTITUTES LEGAL ADVICE, and the information contained herein should never be used as a substitute for consulting a lawyer. Use of this blog does not form an attorney-client relationship among anyindividuals or entities. While the administrators of "LAW OF FASHION" endeavor to ensure the accuracy of all posts, and will promptly correct inaccuracies brought to their attention, no warranty is made as to the thoroughness or accuracy of any blog content. Users of this site release and hold harmless Charles Colman Law, PLLC and all related individuals and entities for any information collected regarding visitors to this site or charlescolmanlaw.com, as well as for any other harm resulting from visitors' use of this site or charlescolmanlaw.com. The views expressed on this site are not necessarily those of Charles Colman Law, PLLC, or its clients.

The maintenance of this site, including the collection and creation of its content, is a service offered in conjunction with: